tag:blogger.com,1999:blog-4659708694983666028.comments2018-01-16T16:36:05.985-08:00Wait A Second!Second Circuit Civil Rights Bloghttp://www.blogger.com/profile/06808477135354174644noreply@blogger.comBlogger257125tag:blogger.com,1999:blog-4659708694983666028.post-46757658543870916902016-11-17T12:05:24.530-08:002016-11-17T12:05:24.530-08:00Thanks. I might suggest going back since there are...Thanks. I might suggest going back since there are so many broken links on the recent cases, too. Or you can download the decisions and host them yourself :)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-12217001588951467242016-11-11T00:34:24.331-08:002016-11-11T00:34:24.331-08:00These are non lethal self defense weapons, sturdy ...These are non lethal self defense weapons, sturdy metal construction, yet lightweight ,http://popkeychain.com/self-defense-keychainsSmith Willhttps://www.blogger.com/profile/08030464989952374730noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-84881794651296612142016-11-01T11:31:08.083-07:002016-11-01T11:31:08.083-07:00Link is fixed. I am finding that the link works on...Link is fixed. I am finding that the link works on the day I publish the blog and then a day or two later the link is dead and I have to put in the link again. Second Circuit Civil Rights Bloghttps://www.blogger.com/profile/06808477135354174644noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-35043977983530014492016-11-01T07:14:52.401-07:002016-11-01T07:14:52.401-07:00Link doesn&#39;t work and I can&#39;t find the dec...Link doesn&#39;t work and I can&#39;t find the decision--is the 10-28-16 issue date correct?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-27806124391625452262016-10-06T21:04:07.077-07:002016-10-06T21:04:07.077-07:00The police falsely arrested the wrong person. I’ve...The police falsely arrested the wrong person. I’ve heard of cases like this happening before. In the case of Betts vs Shearman, the police <a href="http://jrsbailbond.com/" rel="nofollow">arrested</a> the person who they believed to have been in the wrong. They couldn&#39;t have known the full story before looking into it. Just goes to show that the assaulter can lie to the police.Eliseo Weinsteinhttps://www.blogger.com/profile/06407697057363434395noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-76936856929258111802016-08-27T00:15:13.332-07:002016-08-27T00:15:13.332-07:00The suspect has the right to challenges the consti...The suspect has the right to challenges the constitutionality of that conviction. It should be fair for him to submit the victim&#39;s psychological report to the court. This is very challenging and interesting story to proved that rape cases has a lot of information to dig out before the conviction. <br /><br /><a href="http://www.goldbachlaw.com/long-beach/sexual-harassment-lawyer/" rel="nofollow">sexual harassment lawyer</a> | <a href="http://www.goldbachlaw.com/long-beach/sexual-harassment-lawyer/" rel="nofollow">sexual harassment in workplace </a>Marc Aaron Goldbachhttp://www.goldbachlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-30621158082991168252016-07-04T00:07:23.760-07:002016-07-04T00:07:23.760-07:00How about giving private employees the same consid...How about giving private employees the same consideration that police officer employees get? Cops can be fired for refusing to cooperate in an investigation against them. However, before they can be fired for refusal to incriminate themselves, they must receive immunity from prosecution (Garrity v. New Jersey, U.S. Supreme Court). If the employee-cop doesn&#39;t receive the immunity, they can&#39;t be fired for refusing to talk.<br /><br />There is a reason the employer-employment relationship used to be called &quot;master and servant&quot; for legal purposes. The term &quot;servant&quot; is not much different than the term &quot;slave.&quot; The main difference is that an employee can quit when he or she wants, but a slave can&#39;t. The employer can &quot;discipline&quot; a slave, a slave owner can discipline a slave. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-22421851465747162942016-06-14T22:10:25.322-07:002016-06-14T22:10:25.322-07:00As a paralegal and one time pro se litigant (marri...As a paralegal and one time pro se litigant (married to an attorney), I have to say that I agree with the others who posted comments. Despite perfect pleadings (which the judges obviously did NOT read), I was treated disrespectfully by opposing counsel and worse, the judges. When I began a successful line of questioning posed to opposing counsel&#39;s expert witness, I was cut off by the judge, who then refused to allow me to further question the witness. I was told my pleadings were deficient, when they were not (they had been reviewed by TWO attorneys). When I tried to explain the law to the judge, he said &quot;Don&#39;t you try to tell ME the law!&quot; When I attempted to give evidentiary testimony myself, he cut me off and refused to allow me to continue testifying. Their treatment of me as a pro se litigant was very unprofessional and worse, unethical, and a total shock to me as a litigation/trial paralegal who appeared in court at trials regularly (the judges didn&#39;t know what my profession was). I&#39;m afraid that judicial bias against pro se litigants is very much alive, well, and a problem that needs to be solved, starting with the attitude of the judiciary, which in my case, was belligerence and condescension.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-14516504087758065372016-05-03T12:05:58.677-07:002016-05-03T12:05:58.677-07:00Can they translate their legal B.S. into something...Can they translate their legal B.S. into something that actually makes sense? This is a case that should be tested with the jury not with the judiciary. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-74312612751034435462016-03-03T11:40:16.362-08:002016-03-03T11:40:16.362-08:00Actually, most inmates don&#39;t claim to be innoc...Actually, most inmates don&#39;t claim to be innocent. It is an urban legend that they all claim to be innocent.<br /><br />On the other hand, there are a lot of cops who lie. The lies aren&#39;t always merely to assure a conviction, but to anger the judge into giving the defendant a more severe sentence. Sometimes, a cop will lie because they don&#39;t like the defendant, for example, because the defendant has challenged the police in the past or the defendant was rude to the cops.<br /><br />It is normally easy for cops to lie and get away with it--after all who is the jury likely to believe: the cop trained in (and having lots of practice) how to appear believable or the defendant &quot;who always claims to be innocent but is as guilty as sin&quot; so always has a motive to lie because they are &quot;all&quot; guilty. If the defendant is perceived to be evil, the jury is even more likely to believe lies or overlook them. There are many more motives for police to lie, but you get the point.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-73252598040444542922016-01-24T14:02:50.654-08:002016-01-24T14:02:50.654-08:00This statement that you wrote is not true: &quot;T...This statement that you wrote is not true: &quot;This is because the &#39;beyond a reasonable doubt&#39; standard for conviction is much higher than the probable cause standard.&quot;<br /><br />Can you prove that? No, no you cannot prove that. That is because to have probable cause, a person must have totality of the facts and the circumstances.<br /><br />The reason you do not understand is because you do not understand the reasonable person concept, which is a legal concept that you must understand in order to be able to perceive law. Otherwise, you&#39;re delusional or engaging in sophistry.<br /><br /><br /><br />Probable cause = x + y<br />x = totality of facts<br />y = totality of circumstances<br /><br />But an officer nor peace officer can never have totality of the facts nor circumstances, because that&#39;s not humanly possible. The State prosecutor tends to make the part for the whole fallacy, whereby it&#39;s argued that a peace officer can be God incarnate -or- have the ability to encompass the universe&#39;s facts and circumstances all at once.<br /><br />What tends to be said in case law is a referral to what is called &quot;a reasonable peace officer,&quot; which is actually a garbage State prosecutor argument that pushes the thesis that a peace officer can somehow manifest God incarnate, become the mythical reasonable person, and have &quot;totality&quot; of the facts and circumstances.<br /><br />The standards are all the same. I&#39;m surprised you&#39;ve studied law for so long and not have realized this. Preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt... these are all the same thing. Who in their right mind would attempt to ever argue that you could mathematically describe them differently?<br /><br />You&#39;re either a fool or a fraud.Geneckshttp://scienceforums.netnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-7074071065304757692015-10-23T11:36:24.111-07:002015-10-23T11:36:24.111-07:00excellent blog entry as usual. Readers of this par...excellent blog entry as usual. Readers of this particular blog entry may be interested in a blog entry of mine addressing the subject, which can be found here:<br /><br />http://www.williamgoren.com/blog/2012/12/10/public-colleges-public-universities-immunity-from-ada-suit-as-a-result-of-sovereign-immunity/Williame Gorenhttp://www.williamgoren.comnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-8761535029100463702015-10-19T09:20:11.336-07:002015-10-19T09:20:11.336-07:00excellent blog entry: readers may also be interest...excellent blog entry: readers may also be interested in my blog entry on this, which can be found here:http://www.williamgoren.com/blog/2015/10/19/academic-deference-burdens-of-proof-reasonable-accommodation-educational-matters/ . I take a slightly different approach to the excellent analysis in this blog entry..William Gorenhttps://www.blogger.com/profile/06731979670880025856noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-24255350834259642752015-04-15T23:21:48.710-07:002015-04-15T23:21:48.710-07:00I&#39;ve been scouring the web for an answer to my...I&#39;ve been scouring the web for an answer to my question about false arrest and probable cause, but can&#39;t find an answer because all the info I&#39;ve seen is about warrantless arrests. Here&#39;s the situation (state of MS): an officer with the county sheriff&#39;s department provides false information that results in a warrant, and subject is arrested by the town police. Defendant has proof that information provided was false and will plead not guilty. Provided he wins, can any of them be sued for false arrest?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-62324967961026811342015-03-08T12:32:56.632-07:002015-03-08T12:32:56.632-07:00I get the impression that there are so many legal ...I get the impression that there are so many legal decisions being made that impact the legal system that it is impossible to keep track of it all. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-41379997077083322902015-02-24T15:56:04.858-08:002015-02-24T15:56:04.858-08:00They settled the lawsuit today I think.They settled the lawsuit today I think.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-59957996931858802512015-02-16T17:26:12.933-08:002015-02-16T17:26:12.933-08:00If the state abjures an &quot;in loco parentis&quo...If the state abjures an &quot;in loco parentis&quot; relationship when it comes to student safety, does that mean that students have a heightened expectation of a right to privacy and protection against illegal search and seizure? For many years universities have used the &quot;in loco parentis&quot; relationship to justify a lessened expectation of privacy with regard to search and seizure (e.g. school dorms and lockers). If the &quot;in loco parentis&quot; relationship no longer applies between the State University of NY and its non-minor students, does that lead to a conclusion that there is a heightened expectation of privacy for students that requires probable cause for searches of student dorm rooms and lockers? Please reply to pscelent@hotmail.com<br />Peter S. Celentano, Sr.noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-14497389038989162352015-01-04T14:54:09.315-08:002015-01-04T14:54:09.315-08:00Thank you for writing about this. I am the mother...Thank you for writing about this. I am the mother of the child that did not receive the IEP services in this case. You are correct in that most of the claims should not have been filed under federal court, something that I didn&#39;t know and relied upon my attorney and his judgement. Use this case as an example. Educate yourself and exercise your rights under IDEA immediately with documentation that supports every allegation. Be proactive rather than reactive. Speak up and as John Mayer wrote &quot;Say what you need to say.&quot;Melanie Donushttps://www.blogger.com/profile/00511251366079150892noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-17862298810830337092014-12-26T06:13:28.583-08:002014-12-26T06:13:28.583-08:00yeah The case is remanded to the district court to...yeah The case is remanded to the district court to calculate damages. Plaintiffs argue that they are entitled to damages right now and that remand is not necessary.See more at: <a href="http://www.familycaselawyer.com/Civil-Cases.php" rel="nofollow">Civil Case</a> Nazia Law Associatehttp://www.familycaselawyer.com/Civil-Cases.phpnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-84675594925396627332014-12-16T17:07:36.540-08:002014-12-16T17:07:36.540-08:00The real story: there was ample evidence of pretex...The real story: there was ample evidence of pretext, which the Court did not see fit to mention in its summary decision. The pretext involved the common practice of defendant&#39;s employees in filling out their time sheets several days before the end of the pay period - in fact, they were forced to do this because the payroll dept collected the sheets early and wouldn&#39;t pay for the last few days in the pay period if the as-yet unworked days were not prefilled. It was the supervisor&#39;s responsibility to correct any inaccuracies. The defendant was completely aware of this procedure, however this is exactly what the defendant investigated and then fired the plaintiff for doing. Obvious pretext. Lesson: in the current climate, courts don&#39;t want to burden business, and will bend over backwards to unlawfully dismiss employment discrimination cases.David Zevinnoreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-79770631924705441502014-12-03T05:44:31.449-08:002014-12-03T05:44:31.449-08:00yeah i agree The Americans with Disabilities Act h...yeah i agree The Americans with Disabilities Act has a loophole: unless the government is filing the lawsuit, a litigant cannot sue a private entity for damages, only injunctive relief. <a href="http://www.familycaselawyer.com/Civil-Cases.php" rel="nofollow">Civil Case</a> Faris Malikhttps://www.blogger.com/profile/03361353186370788582noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-90265101368053308472014-12-03T05:43:06.637-08:002014-12-03T05:43:06.637-08:00yeah this case does not get out of the starting ga...yeah this case does not get out of the starting gate. The district court dismissed the case under Rule 12, and the Court of Appeals (Winter, Walker and Cabranes) affirms. Plaintiff worked for the fire department. See more <a href="http://www.familycaselawyer.com/Civil-Cases.php" rel="nofollow">Civil Case</a> Faris Malikhttps://www.blogger.com/profile/03361353186370788582noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-7345509136385281322014-11-26T07:01:29.110-08:002014-11-26T07:01:29.110-08:00in our city the civil cases judges or juries will ...in our city the civil cases judges or juries will listen to both sides, weigh the evidence, and make a decision in favour of the party who can convince the court that their side of the case is more probable. <a href="http://www.familycaselawyer.com/Civil-Cases.php" rel="nofollow">Civil Case</a> Faris Malikhttps://www.blogger.com/profile/03361353186370788582noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-36851313869991612962014-11-26T04:42:09.615-08:002014-11-26T04:42:09.615-08:00If they are claiming damages, it is not apparent f...If they are claiming damages, it is not apparent from the Supreme Court ruling.Second Circuit Civil Rights Bloghttps://www.blogger.com/profile/06808477135354174644noreply@blogger.comtag:blogger.com,1999:blog-4659708694983666028.post-18089436588348177542014-11-25T11:59:58.751-08:002014-11-25T11:59:58.751-08:00Were the Carmens claiming that they had suffered a...Were the Carmens claiming that they had suffered any kind of damages as a result of what the police officers did?<br />CurtAnonymousnoreply@blogger.com